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March 9 2016 Regular Meeting Minutes_ _�. � 1269 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 9, 2016 at 7:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Charles S. DeHaven, Jr.; Vice- Chairman Gene E. Fisher; Blaine P. Dunn; Robert A. Hess; Gary A. Lofton; Judith McCann - Slaughter; and Robert W. Wells. CALL TO ORDER Chairman DeHaven called the meeting to order. INVOCATION Supervisor Hess delivered the invocation. PLEDGE OF ALLEGIANCE Supervisoar Fisher led the Pledge of Allegiance. ADOPTION OF AGENDA — APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dunn, the Board approved the agenda by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. 'Wells Aye CONSENT AGENDA �- APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Hess, the Board approved the following items under the consent agenda: - Minutes — Budget Work Session of February 22, 2016; Budget Work Session of February 24, 2016; and Regular Meeting of February 24, 2016; -Tab A; - Proclamation re: April 9 -15, 2016 as Disability Awareness Week —Tab B; - Memarandum Re: Closing of County Offices for Annual Apple Blossom Festival — Tab C; - Request to Schedule a Public Hearing on Proposed Ordinance Amendment to Increase the Transient Occupancy Tax Limit for the March 23, 2016 Board Meeting -- Tab D; and - Acknowledgment for Receipt of Certified Copies of the Abstracts of Votes from the March 1, 2016 Presidential Primary Election —Tab E. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr, Aye Minute Book Number 41 Board of Supervisors Regular Meeting of U3169116 X70 Blaine 1'. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES — APPROVED UNDER CONSENT AGENDA The minutes from the February 22, 2016 Budget Work Session, February 24, 2016 Budget Work Session, and the February 24, 2016 Regular 1Vleeting were approved under the consent agenda. COUNTY OFFICIALS PROCLAMATION #002 -16 RE: APRIL 9 -15 201fr AS DISABILITY AWARENESS WEEK — APPROVED UNDER CONSENTAGENDA Whereas, the United States Congress enacted the American with Disabilities Act in 1990, prohibiting discrimination against people with disabilities in employment, public accommodations, transportation, and telecommunications; and Whereas, the Commonwealth of Virginia enacted the Virginia with Disabilities Act in 1985 to assure equal opportunity to persons with disabilities in the Commonwealth and it is the policy of this Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life of the Commonwealth and to engage in remunerative employment; and Whereas, people with disabilities often overcome common misunderstandings about their circumstances and make valuable contributions to their families and communities; and Whereas, disability is a natural part of the human experience, and individuals with disabilities deserve the same rights as their peers to live independently, enjoy self - determination, make choices, contribute to society and participate fully in the American experience; and Whereas, the community plays a central role in enhancing the lives of people with disabilities, and people with disabilities benefit from having a network of supportive friends and family, accommodating employers, and community leaders who are aware of the needs and abilities of Virginians with disabilities; and Whereas, millions of people in the United States have disabilities and we all must make a conscious effort to discaver their functional abilities and to remove the barriers met in their effort to acquire independence; and Whereas, it is the goal of Access Independence, Inc. to involve the community in all aspects of disAbility Awareness Week and establish an atmosphere that supports awareness and education of on -going initiatives to enhance public understanding of, and appreciation for, abilities possessed by those of us who experience life with disabilities. Now, Therefore Be It Praclaimed, that the week of April 9 -15, 2016 is hereby proclaimed disABILITY Awareness Week, in Frederick County, Virginia and. I call this observance to the attention of all our citizens and urge all residents to raise awareness and Minute Book dumber 41 Board of Supervisors Regular Meeting of 03/49115 G�� understanding of the abilities of people with disabilities. MEMORANDUM RE: CLOSING OF COUNTY OFFICES FOR ANNUAL APPLE BLOSSOM FESTIVAL — APPROVED UNDER CONSENT AGENDA REQUEST TO SCHEDULE A PUBLIC HEARING ON PROPOSED ORDINANCE AMENDMENT TO INCREASE THE TRANSIENT OCCUPANCY TAX LIMIT FOR THE MARCH 23 201b BOARD MEETING. — APPROVED UNDER CONSENT AGENDA ACKNOWLEDGMENT OF RECEIPT OF CERTIFIED COPIES OF THE ABSTRACTS OF VOTES FROM THE MARCH 1 2016 PRESIDENTIAL PRIMARY ELECTION. — APPROVED UNDER CONSENT AGENDA ���TRA�T ®� VOTE Cast in FREQERtC€( COUNTY.,. VIRraINIA at fhe 2016 March Democratic Presidential Primary Election held on tJ�arch 01, 2015 tor, President MA14fES OFG,4ND1C7AT�`S ON TFtdr BALLOT TC3TAL VOTES fiECE11/ED (fN FIGURES) Hillary Clinton 2114 BerNe Sanders 2072 Martin J. t?'Malley 31 'roial Write -ln vatas [From Write -Ins Cerfdfica4onsJ 0 �latid Writa -Ins +invalid Write ins =Total Write In Vo €es) Total Number of Overvotes far taf€�oe 0 We, the undersigned Electoral i3oar+d, upon examination of �e atFcia! records deposited with the Clerk of the Circuit Court of the atectton held pn t4tarch 01, 2016, do hereby certify chat tha above is a true and correct Abstract of Va €es cast at said alectton for the President. [+„kC taiven antler our hinds thr "s �• �r/da�of ��ti� -? ,�__�.� ��fr�J �- . ��'Z�' ,Vice Chairman /� �f�� -��.�r ,Secretary ��� �- ,��Z.. -�:� ,Secretary, �leotoral Board Minute Book Number 41 Board of Supervisors Regular Meeting a£03f49116 1272 ABSr��-� �f v�-rE� Cast in FRECEF2tCK COUNTY, VIRGIWtA at the 291 B March Republican Presidential Primary Election held on March 01, 201 S for, �r4r'SlCO�il� NAMES O✓= CANdJ1QATES ON TNF $ALLOT 7"OTAL VOTES REC$lVt =D (!N FIGURES) Donald Tnsmp - 4732 Marco Rutiio 3341 Ted Cruz 2857 Ben Carson - 939 Bohn Kasich 7B9 Jeb Bush 45 -Rand Paul 29 Chris Ctidste 15 Mike Huckabee 15 Carly Florins 12 Lindsey Graham 7 Jim Gilmore 5 Rick Santorum 5 Total Write -In votes [From Write -lns Certifcationsj 0' [Valid Write -ins +Invalid Write_ins = Totat Write in Votesj Total Number of Overvotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clark of the Circuit Court of the election held on March 91, 2016, do hereby certify that ttse above is a true and correct Abstract of Votes cast ai said etecfion for the President. Given under our hands #I�is Z� day of �1i�h Zp € � z" . -_���� ,!' > Chairman % �J / i � ,Vice Chairman r ,s?rr�!n- .� =--�� ,Secretary /r���R�� -���' �, Secretary, Electors€ Board COMMITTEE APPOINTMENTS APPOINTMENT OF HELEN LAKE AND WALTER C[JNNINGHAM TO THE PUBLIC SAFETY COMMITTEE — INFORMATION ONLY Chairman DeHaven advised that he had appointed Helen Lake and Walter Cunningham as citizen representatives to the Public Safety Committee. APPOINTMENT OF CHRIS FORDNEY AS RED BUD DISTRICT REPRESENTATIVE TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor Dunn, seconded by Supervisor Loflton, fhe Board appointed Chris Fordney to fill the unexpired term of Martin J. Cybulski as the Red Bud District representativi✓ io the Parks and Recreation Commission. Term expires April 28, 201$. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Minute Book Number 41 Board of Supervisors lZegular Meeting of 43/49/16 273 Blaine P. Dunn Aye Gene E, Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PUBLIC HEARING PUBLIC HEARING - TWELVE MONTH OUTDOOR FESTIVAL PERMIT RE VEST OF GROVE'S WINCHESTER HARLEY- DAVIDSON. PURSUANT TO THE FREDERICK COUNTY CODE CHAPTER 86 FESTIVALS• SECTION 86 -3 PERMIT RE UIRED• APPLICATION• ISSUANCE OR DENIAL• FEE• PARAGRAPH D TWELVE MONTH PERMITS. ALL EVENTS TO BE HELD ON THE GROUNDS OF GROVE'S WINCHESTER HARLEY- DAVIDSON 140 INDEPENDENCE DRIVE, WINCHESTER, VIRGINIA. PROPERTY OWNED BY 30BALIE LLC. — APPROVED Chairman DeHaven convened the public hearing on the request for a twelve month outdoor festival permit for Grove's Winchester Harley- Davidson. There were no public comments. Chairman DeHaven closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Hess, the Board approved the twelve month outdoor festival permit request of Grove's Winchester Harley- Davidson. The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann - Slaughter Aye Robert W. Wells Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #01 -16 FOR SHARLYN D. MOORE, WHICH SUBMITTED FOR A ROOMING HOUSE. THE PROPERTY IS LOCATED AT 216 TALAMORE DRIVE, STEPHENS CITY AND IS IDENTIFIED WITH PROEPRTY IDENTIFICATION NUMBER 750 -4 -6 -212 IN THE SHAWNEE MAGISTERIAL DISTRICT. — (RESOLUTION #058 -16) - DENIED Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request for a conditional use permit for a rooming house. The property is located in the Wakeland Manor subdivision in the Shawnee Magisterial District. The property is zoned RP (residential performance) District and is currently used as a single family residence. This application is in response to a zoning violation complaint regarding a rooming house. A boarding house is a permitted conditional use in the RP District. The current structure is a four Minute Book Number 41 Board of supervisors Regular Meeting of03109 /lb 274 bedroom house wish two rooms being rented. There are no employees or signage associated with this use. The Planning Commission recommended denial of this application because the location was not good for a boarding house. Director Ruddy reviewed the proposed conditions should the Board consider approving this request: ].. All review agency comments shall be complied with at all times. 2, No more than two (2} rooms rented at any given time, 3. No employee s allowed with this use. 4, No signage allowed with this use. 5. Any expansion or modification of this use will require the approval of a new conditional use permit. Director Ruddy concluded by saying he would be glad to answer any questions the Board might have regarding this application. Sharlyn Moore, applicant, gave a brief history of this application. She advised that she had rented a room in 2014 to a traveling nurse for two months and she had rented a room in 2015 for four months to a gentleman who was relocating as part of the Macy's project in West Virginia. She stated she had not rented a room since August 2015. She was visited by the Department of Planning and Zoning in December and told she was in violation. She discussed the options available to her if she wished to continue renting rooms, She contacted the Homeowners' Association administrative staff to see if she needed to talk to the HOA board regarding this proposal. She was assured by the administrative staff that there was no need for her to speak further with the HOA board. She stated she was trying to do this the right way so she could. move forward and rent rooms. She concluded by asking the Board to approve this permit request. Supervisor Lofton asked Ms. Moore if she had spoken to the HOA administrative staff or with the actual board. Ms. Moore responded that she lrad spoken with the HOA administrative staff several times, but was told they understood what she was doing and that she did not need to speak to the I: • ..� Chairman DeHaven convened the public hearing. Sherry L ©ng, Shawnee District, stated that anyone applying far a conditional use permit in this neighborhood should. check with the homeowners' association board, but checking with the administrative assistant does not do that. She asked if the boarding house would need to be ADA compliant. She also asked if this permit would travel with the property.. Teresa Catlett, Wakeland Manor HOA Board, advised there were over 530 housing Minute Book Number 41 Board of Supervisors Regular Meeting of 43109/16 �7�i units in this neighborhood and each person is provided with a copy of the HOA documents when they move in. She went on to say this proposal was not brought to the HQA board for approval. She advised that the HOA board had sent a letter to Supervisor Fisher outlining some of their concerns. She noted transient rental uses were prohibited per the Wakeland Manor Declaration. She concluded by asking the $oard to deny this request. Karen Trent; Shawnee District, stated she was a ten year resident of this neighborhood and was concerned about the property rental on the Internet. She expressed concern for the children who lived nearby because of the renters. She stated she did not let her children walk in front of this house anymore. She concluded by saying she wanted kids protected and she hoped this application does not pass. Brencla Sealbock, Shawnee District, stated she had never met her neighbor who owns this property, but she was concerned about what this use would do to the neighborhood, particularly property values. She stated if this use was allowed in the neighborhood it would devalue the properties. She went on to say the County did not have the resources to police this type of use and it could change the face of the neighborhood. Mike Ednerco, Shawnee District, stated when one moves into a neighborhood with a homeowners' association there are bylaws and covenants to protect the residents. He hoped there would be a limit to the number of transients in a community, He expressed concern over the precedent this approval would establish. He concluded by recommending the Board deny this conditional use permit. Norma O'Donnell, Shawnee District, appeared before the Board and read twa letters from residents who could not attend the hearing. The first letter was from Michael Payne, a direct neighbor to this property, who recommended the Board deny this request. The second letter was from Terry Settle, a neighbor, who also asked the Board to deny this request.. Philip O'Donnell, Shawnee District, reiterated the concerns expressed by the earlier speakers.. Craig Trent, Shawnee District, advised that he had lived in this neighborhood for 14 years. He noted there had been 15 noise violations since the applicant had lived at this property. He stated that he encountered one of the tenants in his backyard, who claimed to be looking for his cat or dog. He stated the boarding house should be ADA compliant and if it was not then the applicant was discriminating against disabled Americans. He went on to say the house needed Minute 13aok Number 41 Board of supervisors Regular Meeting of 03/09116 �27� ramps, access signs, elevator, etc. He concluded by asking who would regulate these issues. Brenda Sealhock, Shawnee District, stated there had been multiple disturbance issues at this residence, Sharlyn Moore, applicant, stated there were not nightly rentals occurring at her residence. She went on io say that AirBnB allows for background checks. She noted she had not rented a room since December; however, she has had friends and family that have stayed with her, but she is not charging any money and there is no "quid pro quo ". With regard to the noise complaints, she advised there had only been one complaint and it was unfounded. She concluded by saying the last noise complaint was seven months ago. There being no further comments, Chairman DeHaven closed the public hearing. Supervisor Fisher advised the deed covenants and HOA bylaws were not under the purview of this hoard. He stated that in reviewing this application this proposed conditional use permit was not an appropriate use. Upon a motion by Supervisor Fisher, seconded by Supervisor Slaughter, the Board denied Conditional Use Permit #Q 1 -16, The above motion was approved by the following recorded vote: Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye Gene E. Fisher Aye Robert A. Hess Aye Gary A. Lofton Aye Judith McCann- Slaughter Aye Robert W. Wells Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS Jay L. Marts, Gainesboro District; read the following statement: "Chairman DeHaven, Members of the Board c� Administrator Garton: I wanted to make a few comments on the impending Tax Increase you are about to levy on the property owners of this County. I have seen numerous figures in the meeting minutes, newspapers and elsewhere. However, 1" believe you are going to advertise up to an eight (8) cent increase in our property taxes. This equates to a 14.3 °lo uptick; even at four cents it is a 7.1 %increase. This is too much of an increase even when using the argument that our population numbers are going up. I would counter that if we have a population increase there should be a corresponding increase in revenue or the development model you are approving is out of synch. Minute Baok Number 41 Board of Supervisors Regular Meeting of 03/09/16 ��� PROPERTY $160,000 Incr Rate Tax % Incr O.Sb 896.00 0.04 0.60 960.00 7.1 0,06 0.62 992.00 10.7% 0.08 0.64 1,024.00 14.3% Additionally, why is it only the property owners who must bear the burden of year expansion of local government? Haw is it, a boat or RV owner pays a personal property rate of $4.86 but the airplane hobbyist pays a mere penny and we continue to subsidize the Airport. Flow can you justify raising taxes, increasing debt and pulling money from the "Rainy Day "fund to pay for things like refurbishing swimming pools, yet there is no discussion on increasing the user fees on those who want to take a plunge? I do not believe subsidized access to swimming pools is a good use of our money nor core government function, I would ask you to look at the landfill as well. It needs to be structured to pay for itself in tipping fees. Another area that needs scrutiny is the funding of O'utside & ©that Agencies. It appears this is upwards to $�M. While there may be some community good in being accomplished, I do not believe in a year where you are raising taxes, increasing debt and raiding our reserves you should not be using our tax dollars to fund organizations that any citizen can provide charitable contributions to. It should not be a function of Government to fund only your favorite cause with taxpayer dollars. Thank you for allowing me to address the Board. " BOARD OF SUPERVISORS COMMENTS Supervisor Hess reported on his attendance at a number of cornmruiity health forums. The meetings provided very useful information about the health of the corrgrnunity and he would like to see the Board hear a recap from the event sponsors. I'1 i�4t�111:��1 UPON A MOTION BY VICE - CHAIRMAN FISHER, SECONDED BY SUPERVISOR LOFTON, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. {7:55 P.M.) /� Charles S. DeHaven, Jr. rends G. Garton Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Jay E. T� bs Deputy Clcrk, Board oI Supervisors Minute Book l�`umber 41 Board of Supervisors Regular Meeting of D3l4911b